[HISTORY: Adopted by the City Council of the City of Walhalla 12-15-1998 by Ord. No. 1998-15. Amendments noted where applicable.]
The purposes of this chapter are:
A. 
To protect the health and welfare of juveniles.
B. 
To protect juveniles from improper influences that prevail during curfew hours.
C. 
To protect juveniles from criminal activity that occurs during curfew hours.
D. 
To protect the public from illegal acts of juveniles committed during curfew hours.
The City caused two community hearings and a forum at both the high school and middle school. The public has been found to be highly and strongly in favor of the proposed curfew. It is therefore found by the City Council of Walhalla that it would be beneficial to the health, order and general welfare of the City in connection with the execution of municipal duties; that juveniles should be protected from each other and older people on the street during late night hours; that the City desires to reinforce parental control and responsibility for children; that the City desires to protect the public and reduce juvenile crime and violence by the enactment of this chapter, which is designed to promote the health, safety and welfare of both juveniles and adults in the City of Walhalla by creating an environment offering protection and security for all concerned.
As used in this chapter, the following terms shall have the meanings indicated:
CHRONIC REPEAT OFFENDER
A juvenile who has violated this chapter three times or more.
CURFEW HOURS
Curfew hours mean:
Months
Days
Hours of Curfew
September through May
Sunday through Thursday
11:00 p.m. to 6:00 a.m. next day
Friday and Saturday
12:00 midnight to 6:00 a.m. next day
June through August
All days
12:00 midnight to 6:00 a.m. next day
ESTABLISHMENT
Any privately owned place of business operating for profit to which the public is invited, including but not limited to any place of amusement or entertainment.
GUARDIAN
A person who:
A. 
Is the guardian of a juvenile under a court order; or
B. 
Is at least 18 years of age and authorized by a parent or guardian to have care and custody of a juvenile; or
C. 
Is a public or private agency with whom a juvenile has been placed by a court.
JUVENILE
A person who has not reached his or her 17th birthday and is not married, emancipated or a member of the armed services of the United States of America.
OPERATOR
Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. This term includes the active, local members or partners of an association or partnership and the local officers of a corporation.
PARENT
A birth parent, adoptive parent or spouse of the birth parent or adoptive parent of a juvenile.
REPEAT OFFENDER
A juvenile who has violated this chapter at least two times.
A. 
It shall be unlawful for any juvenile to loiter, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places, vacant lots or any other place when unsupervised by a parent or guardian having the lawful authority to be at such places inside the City limits of Walhalla during the curfew hours defined in this chapter.
B. 
It shall likewise be unlawful for any parent or guardian to permit or allow a juvenile to engage in the conduct set forth in Subsection A.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The following shall be exempt from the requirements of this chapter, and the following shall be defenses to prosecution under this chapter:
A. 
A juvenile who is accompanied by his or her parent or guardian;
B. 
A juvenile who is on an errand at the direction of the juvenile's parent or guardian, without any detour or stopping;
C. 
A juvenile who is traveling in a motor vehicle involved in interstate travel;
D. 
A juvenile engaged in an employment activity, or going to or returning home from an employment activity, without detour or stopping;
E. 
A juvenile who is out because of a verifiable emergency of the juvenile or someone in such juvenile's family;
F. 
A juvenile on his or her residential property or property of a next-door neighbor, if the neighbor does not complain to the Police Department about the juvenile's presence;
G. 
A juvenile who is attending an official school, religious or other recreational activity supervised by adults and sponsored by the City of Walhalla, a civic organization or other entity that takes responsibility for the juvenile; or going to or returning home from such activity, without any stop or detour.
A. 
When a juvenile is found to be in violation of this chapter, the officer(s) shall check with department records to determine if the juvenile is:
(1) 
A first offender. If so, the juvenile will be transported to the residence of his or her parent or guardian.
(2) 
A repeat offender. A juvenile who is a repeat offender of the curfew shall be transported to the residence of his or her parent or guardian and the juvenile will be referred to the Department of Juvenile Justice.
(3) 
A chronic repeat offender. A juvenile who is a chronic repeat offender of the curfew will be referred to the Department of Juvenile Justice.
(4) 
Ten years of age or younger. If the juvenile is 10 years of age or younger, a copy of the incident will be forwarded to the Oconee County Department of Social Services.
B. 
An offense shall be considered a repeat offense if it occurs within one year of a prior offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any parent or guardian of a repeat or chronic repeat offender or operator of an establishment will be issued a summons for each violation. Any parent or guardian of a repeat or chronic repeat offender who is found guilty in Municipal Court of violating this chapter shall be subject to a fine up to $250 for each violation plus court costs or to be imprisoned up to 30 days. The Municipal Court may, in its discretion, require a specified number of hours of community service in lieu of fine or imprisonment.